BILL NUMBER: SB 1999	CHAPTERED  09/29/00

	CHAPTER   881
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 23, 2000
	AMENDED IN ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN SENATE   APRIL 24, 2000

INTRODUCED BY   Senator Burton

                        FEBRUARY 25, 2000

   An act to amend Section 1720 of the Labor Code, relating to public
contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1999, Burton.  Public work.
   Existing law defines public works and establishes certain
requirements that must be met by persons who enter into contracts for
public works.  Those requirements include provisions generally known
as the prevailing wage laws.  The prevailing wage laws require that
all workers employed on public works be paid the general prevailing
rate of per diem wages, as determined by the Director of Industrial
Relations.
   This bill would revise the definition of public works by providing
that "construction" includes work performed during the design and
preconstruction phases of construction including, but not limited to,
inspection and land surveying work.  By requiring local government
entities to comply with the provisions affecting public works,
including the prevailing wage laws, this bill would impose a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1720 of the Labor Code is amended to read:
   1720.  As used in this chapter, "public works" means:
   (a) Construction, alteration, demolition, or repair work done
under contract and paid for in whole or in part out of public funds,
except work done directly by any public utility company pursuant to
order of the Public Utilities Commission or other public authority.
For purposes of this subdivision, "construction" includes work
performed during the design and preconstruction phases of
construction including, but not limited to, inspection and land
surveying work.
   (b) Work done for irrigation, utility, reclamation, and
improvement districts, and other districts of this type.  "Public
work" shall not include the operation of the irrigation or drainage
system of any irrigation or reclamation district, except as used in
Section 1778 relating to retaining wages.
   (c) Street, sewer, or other improvement work done under the
direction and supervision or by the authority of any officer or
public body of the state, or of any political subdivision or district
thereof, whether the political subdivision or district operates
under a freeholder's charter or not.
   (d) The laying of carpet done under a building lease-maintenance
contract and paid for out of public funds.
   (e) The laying of carpet in a public building done under contract
and paid for in whole or part out of public funds.
   (f) Public transportation demonstration projects authorized
pursuant to Section 143 of the Streets and Highways Code.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.

